Constitutional Law Professor Reveals the One Question House Republicans Need To Ask Comey

Carsten Koall / Getty ImagesFormer FBI Director James Comey talks backstage before a panel discussion about his book 'A Higher Loyalty' on June 19, 2018 in Berlin, Germany. Comey is in Berlin at the invitation of the American Academy in Berlin. (Carsten Koall / Getty Images)

A constitutional law professor said House Republicans should ask former FBI Director James Comey about the timing of his investigation into President Donald Trump.

“I think there’s a linkage here between his decision to pull the plug on the FBI’s investigation of (former Secretary of State Hillary Clinton’s) email server and the nearly simultaneous launching of the agency’s investigation into the Trump-Russia alleged collusion.”

“So I think they’re really going to want to hone in on the specifics about the decision-making and the timing of those two investigations,” Florida International University constitutional law professor Elizabeth Price Foley said on “Fox & Friends” Monday.

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The former FBI director was subpoenaed in November to testify about his handling of the Clinton email and Trump-Russia collusion investigations, during a closed-door session led by House Republicans.

“He doesn’t get to dictate the terms of his being questioned, so this was going to be a private deposition all along.”

“He went to court to try to have it be a public hearing. But it’s not a hearing at all. It’s a deposition,” Foley said.

Comey tweeted about his upcoming testimony Sunday and said he would sit for a private deposition after he filed a legal challenge for a public hearing.

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Grateful for a fair hearing from judge. Hard to protect my rights without being in contempt, which I don’t believe in. So will sit in the dark, but Republicans agree I’m free to talk when done and transcript released in 24 hours. This is the closest I can get to public testimony.

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“We’ll see whether he shows up or not,” Foley said. “But if he doesn’t, he’ll be held in contempt.”

“But, he may be hoping to just sort of force the clock on the Republican Congress.”

Foley said Republicans need to take this opportunity to ask “specific questions” about the inception of the Trump-Russia investigation and ask why Comey decided to stop an FBI investigation of Clinton’s private email server.

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“I think there’s a series of questions they need to get very specific answers to as to the genesis of the Trump-Russia investigation,” she said.

Comey’s answers will be released to the public following the deposition, but Foley said to expect some redactions in the name of national security.

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